Government Affairs Recap for the Week of March 20, 2023

This Week in Illinois - from the Illinois Chamber

Session Update

The House and Senate were in Springfield this week for four days of session with today being the 3rd reading deadline for the House.

There was significant floor action in the House and Senate throughout the week but especially in the House with over 140 bills moving out of the lower Chamber on Thursday alone and well over 300 bills moving out of both chambers across all four days. Bill action of note is highlighted in a section below. We will highlight additional bill action from today for Rail Report subscribers.

Committee action was again busy due to the adoption of amendments throughout the week. Even more bills were moved to 3rd reading. Subject matter hearings were held each day as well.

The House and Senate will both return next Tuesday, March 28th.

As mentioned above, the third reading deadline for House bills is today, March 24th. The third reading deadline for Senate bills is next Friday, March 31st. View the Senate session calendar for 2023. View the House 2023 calendar.

Permitting Portal: Illinois Chamber and Illinois Environmental Regulatory Group Initiative Passes House Unanimously

HB 3017, sponsored by Representative Yednock, passed out of the House last night unanimously 108-0-0. This bill is a joint initiative of the Illinois Chamber and the Illinois Environmental Regulatory Group (IERG) to assist businesses in obtaining environmental permits for large-scale projects which will spur economic development statewide. This version is significantly amended from HB 5555 which unanimously passed the House in the 102nd General Assembly, last spring.

This bill amends the Business Assistance and Regulatory Reform Act to improve the permitting process in the State of Illinois by creating an online permitting portal to allow new and existing environmental permit applicants to track the status of their permits. With such a portal, businesses seeking certain permits for industrial projects can access a website to better understand the timeline and process for agency approval.

This legislation is to enhance the State's economic growth by giving businesses user-friendly tools to assist them in navigating the complexities of environmental permitting for projects.

We appreciate the General Assembly for recognizing a need for a pro-growth mindset in State government and empowering DCEO to utilize information technology to streamline interagency coordination for the issuance of environmental permits for projects.

Good News on BIPA

It feels much better to be on the winning side of a BIPA Case. Yesterday the Supreme Court unanimously affirmed the First District in Walton v. Roosevelt, ruling that where a collective bargaining agreement contains a broad management rights clause, and an employer invokes that clause in response to a BIPA claim, “there is an arguable claim for preemption,” and therefore the claim must be handled pursuant to the collective bargaining agreement.

The ruling follows the federal cases that previously held that, where a defendant makes an arguable claim for preemption, the claim is preempted by federal labor law. The practical effect of these decisions is that to bring a BIPA claim, unionized BIPA plaintiffs have to go through the grievance or other similar process required by their collective bargaining agreement. The BIPA plaintiffs’ bar had tried to avoid the federal cases by arguing before Illinois state courts that the federal cases were wrongly decided. Walton puts an end to that strategy.

On the legislative front, Senate Leadership had another round of meetings with groups interested in BIPA reform. The Chamber participated last week with a number of other business groups and while nothing was promised, the discussion was encouraging.

Canadian Pacific and Kansas City Southern combination Approved

The Illinois Chamber would like to offer our congratulations to CP on last week's decision by the US STB.

Last week the U.S. Surface Transportation Board ("STB") issued a decision approving the joint merger application of the Canadian Pacific (CP) and Kansas City Southern (KCS), subject to certain conditions, thereby authorizing the two railways to combine to form Canadian Pacific Kansas City ("CPKC"), the first single-line railway connecting the U.S., Mexico and Canada.

The decision authorizes CP to exercise control of KCS on April 14, 2023, at which point CP and KCS would combine to create the new CPKC.

Among the core conclusions reached by the STB regarding the public and pro-competitive benefits of the CP-KCS combination, including that the combination "should ultimately enhance safety and benefit the environment"

Subsequent to the merger decision, Trains had an article on one of the initial benefits to Chicagoland: CPKC’s first new trains will handle cross-border perishables shipments

CP completed its US$31 billion acquisition of KCS on Dec. 14, 2021.

Gov. Pritzker Names Bria Scudder Deputy Governor

On Tuesday, Governor JB Pritzker announced that Bria Scudder will serve as Deputy Governor for Public Safety, Infrastructure, Environment, and Energy. Scudder previously worked in the Governor's Office as First Assistant to Christian Mitchell, the former Deputy Governor who stepped down from his role earlier this month. She will begin her role on April 10.

Currently, Scudder serves as Director of State Government Affairs for the Midwest region at AbbVie, where she manages state and local related issues in twelve states. She previously served as First Assistant Deputy Governor in Governor JB Pritzker's administration. Prior to serving in the governor's office, Scudder was the Senior Government and Community Liaison at the Illinois Attorney General's Office.

Gov. Pritzker Announces $175 Million Available in B2B Grants for Restaurants, Hotels and Creative Arts Businesses

The Illinois Department of Commerce and Economic Opportunity (DCEO) announced $175 million in available grant funding through the Back to Business (B2B) program. Following state recovery for businesses totaling nearly $1.5 billion, the latest American Rescue Plan Act (ARPA) -funded opportunity is designed to provide additional support for the hardest-hit sectors, including restaurants (B2B Restaurants), hotels (B2B Hotels), and businesses or organizations in the creative arts sector (B2B Arts).

Two chamber initiatives passed this week:

HB 2288, Veterans Procurement passed the House 110-0-0. This bill provides that, as used in a provision of the Code that establishes procurement goals for veteran-owned small businesses, the term "small business" means a business that has annual gross sales of less than $150,000,000 (rather than less than $75,000,000). This bill is a Chamber member initiative.

HB 3017, Permitting Portal passed the House 108-0-0. Provides that the Office shall implement reforms to improve interagency coordination and encourage expeditious permit issuance. Provides that the Office shall use information technology tools to track project schedules and metrics in order to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. This bill is the Chamber/IERG initiative to create an online permitting portal for large industrial projects in Illinois.

Additional Bill Action of Note:

HB 73, Consumer Lending passed the House 112-0-0. This bill amends the Consumer Legal Funding Act. Provides that the provisions of the Act do not apply to consumer legal funding if (i) the amount of funding is greater than $500,000 and (ii) the consumer does not use or intend to use any of the proceeds for personal, family, or household expenses.

HB 1076, County Lease/Farmland passed the House 93-18-0. This bill provides that, notwithstanding other specified county property leasing provisions, upon three-fourths vote the county board may lease farmland acquired or held by the county for any term not exceeding 5 years. Provides that farmland may be leased to either public or private entities for the public purpose of financially supporting the operations of the government at any time or times and on any terms and conditions that the county board deems best for the interest of the county, including, but not limited to, crop-sharing arrangements.

HB 1166, Procurement/Equal Pay passed the House 77-35-0. This bill amends the Illinois Procurement Code. Provides that, for procurements first solicited on or after January 1, 2025, a person who is required to obtain an equal pay registration certificate under Section 11 of the Equal Pay Act of 2003 may qualify as a bidder, offeror, or contractor under this Code if the person was issued an equal pay registration certificate from the Department of Labor during the previous 2 calendar years. Provides that, for any bid or offer for a contract with a State agency by a person required to obtain an equal pay registration certificate under Section 11 of the Equal Pay Act of 2003, the chief procurement officer shall verify that the person holds an equal pay registration certificate issued during the 2 calendar years prior to award. Amends the Equal Pay Act of 2003. Provides that, beginning December 31, 2024, and annually thereafter, the Director shall make publicly available a list of businesses that were issued an equal pay registration certificate by the Department in the previous 2 calendar years.

HB 1186, Insurance/Referral passed the House 111-0-0. This bill provides that the powers of a health maintenance organization include the voluntary use of a referral system for enrollees to access providers under contract with or employed by the health maintenance organization. Provides that the provisions shall not be construed as requiring the use of a referral system to obtain a certificate of authority. Provides that the Director may prescribe by rule the language that must be included in the plan name, marketing, advertising, or other consumer disclosure requirements to differentiate a health care plan that does not use a referral system for such providers from a health care plan that does use a referral system for such providers. Provides that the provisions shall not be construed as requiring the use of a referral system with the health maintenance organization's contracted or employed providers to obtain a certificate of authority.

HB 1236, Bidding passed the House 79-29-0. This bill Provides that, in determining the lowest responsible bidder, a county board of a county with fewer than 2,000,000 inhabitants may take into consideration the bidder's active participation in an applicable apprenticeship program registered with the United States Department of Labor.

HB 1409, Contracting Goals passed the House 73-36-0. This bill amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Provides that all goals established concerning the awarding of State contracts apply to architectural, engineering, and land surveying contracts under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

HB 1465, Bidding passed the House 107-0-0. This bill amends the Illinois Highway Code. In provisions concerning the performance of functions by the highway commissioner of a road district, provides that, except for professional services, when the cost of construction, materials, supplies, new machinery or equipment exceeds $30,000 (instead of $20,000), the contract for such construction, materials, supplies, machinery or equipment shall be let to the lowest responsible bidder if specified conditions are met.

HB 1541, Utilities Termination passed the House 75-33-0. This bill provides that, if gas or electricity is used for space cooling at a residence, then a utility shall not terminate gas or electric utility service to that residence for the nonpayment of bills on specified days when the forecasted temperature will be greater than or equal to 90 degrees Fahrenheit.

HB 1565, Insurance Coverage/Estrogen passed out of the House 108-0-1. This bill provides that a group or individual policy of accident and health insurance or a managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025 (rather than January 1, 2024) and that provides coverage for prescription drugs shall include coverage for one or more therapeutic equivalent versions of vaginal estrogen in its formulary.

HB 2094, Mortgage/Marketing passed the House 110-0-0. This bill provides that any marketing materials from a mortgage company not connected to the consumer's mortgage company must comply with specified requirements.

HB 2189, Insulin passed the House 109-0-0. This bill provides that an insurer that provides coverage for prescription insulin drugs under the terms of a health coverage plan the insurer offers shall limit the total amount that an insured is required to pay for a 30-day supply of covered prescription insulin drugs at an amount not to exceed $35 (rather than $100).

HB 2238, Stroke Centers passed the House by a vote of 112-0-0. This bill provides for the certification and designation of Thrombectomy Capable Stroke Centers, Thrombectomy Ready Stroke Centers, and Primary Stroke Centers Plus and makes conforming changes throughout the Act.

HB 2288, Veterans Procurement passed the House 110-0-0. This bill provides that, as used in a provision of the Code that establishes procurement goals for veteran-owned small businesses, the term "small business" means a business that has annual gross sales of less than $150,000,000 (rather than less than $75,000,000).

HB 2267, Dental passed the House by a vote of 112-0-0. This bill provides that without the supervision of a dentist, a dental hygienist may perform dental health education functions, including instruction in proper oral health care and dental hygiene in, for example, a school setting, a long-term care facility, and a health fair (rather than just either a school setting and a long-term care facility). Provides that a dental hygienist may record case (rather than care) histories and oral conditions. Provides that a dentist may enter into an agreement for public health supervision with 4 (rather than 2) public health dental hygienists. Provides that the Department of Public Health Oral Health Section shall compile and publicize public health dental hygienist service data annually.

HB 2278, Environmental Response Project passed the House 110-0-0. This bill amends the Uniform Environmental Covenants Act. Removes language providing that "environmental response project" includes a plan or work that is performed for environmental remediation of any site or facility in response to contamination at specified sites or facilities. Provides instead that "environmental response project" includes a plan or work that is performed or conducted to clean up, remediate, eliminate, investigate, minimize, mitigate, or prevent the release or threatened release of contaminants affecting real property in order to protect public health or welfare or the environment. Removes the definition of "State".

HB 2300, Illinois Works Jobs Credit passed the House 81-30-0. This bill amends the Illinois Works Job Program Act. Provides that contractors or subcontractors may be eligible to earn bid credits for employing apprentices who have completed the Illinois Works Preapprenticeship Program (previously bid credits were available for public works contracted by the State). Provides that contractors and subcontractors can use bid credits toward future bids for public works projects contracted or funded by the State or an agency of the State in order to increase the likelihood that the contractor and the subcontractors are selected as the contractor for the public works project. Provides that, for contracts and grant agreements executed after the effective date of the amendatory Act, of a specified goal at least half of the labor hours of each prevailing wage classification performed by apprentices shall be performed by graduates of the Illinois Works Preapprenticeship Program. Provides that the Department of Commerce and Economic Opportunity may grant a reduction or waiver upon a determination that the contractor or subcontractor has demonstrated that insufficient graduates of the Illinois Works Preapprenticeship Program are available to meet the requirements. Provides that contractors and subcontractors must submit a certification to the Department and the agency that is administering the contract, or the grant agreement funding the contract, demonstrating that the contractor or subcontractor has not complied with the labor hour goals and did not receive a reduction or waiver. Provides the penalties for failing to comply with the Illinois Works Apprenticeship Initiative.

HB 2301, Radioactive Waste passed the House 111-0-0. This bill modifies the definition of "low-level radioactive waste" or "waste" to expand the referenced definition of byproduct material.

HB 2308, Radiation passed the House 112-0-0. This bill requires rules or regulations promulgated by the Illinois Emergency Management Agency for registration of persons seeking accreditation to specify that an individual seeking accreditation for limited diagnostic radiography shall not apply ionizing radiation to human beings until the individual has passed an Agency-approved examination and is accredited by the Agency. Removes language requiring the rules or regulations to require persons seeking limited scope accreditation to register with the Agency as a "student-in-training" and to declare those procedures in which the student will be receiving training.

HB 2325, Mortgage/Remote Location passed the House 112-0-0. This bill provides that each full service office (rather than office, place of business, or location) at which a residential mortgage licensee conducts any part of his or her business must be recorded with the Secretary of Financial and Professional Regulation. Provides that licensees may allow mortgage loan originators to work from a remote location if specified conditions are met. Provides that "full service office" does not include a remote location. The Chamber supports this bill.

HB 2350, INS Coverage passed the House 78-32-0. This bill amends the Accident and Health Article of the Illinois Insurance Code. In provisions concerning pap tests and prostate cancer screenings, provides that required coverage includes an annual cervical smear or Pap smear test for all (rather than female) insureds. Provides that required coverage includes an annual prostate cancer screening for insureds (rather than male insureds) upon the recommendation of a physician licensed to practice medicine in all of its branches for specified individuals. Provides that required coverage includes an annual prostate cancer screening for insureds who are age 40 and over with a genetic predisposition to prostate cancer.

HB 2376, Food Containers passed the House 67-43-0. This bill provides that, beginning January 1, 2025, a retail establishment may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam. Exempts specified entities from the prohibition until one year after the amendatory Act's effective date.

HB 2443, Hearing Aid Coverage passed the House 83-25-1. This bill provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed after the effective date of the amendatory Act must provide coverage for medically necessary hearing instruments and related services for all individuals (rather than all individuals under the age of 18) when a hearing care professional prescribes a hearing instrument to augment communication. Makes conforming changes, including repealing provisions concerning optional coverage or optional reimbursement for hearing instruments and related services. Effective January 1, 2025.

HB 2487, Justice 40 Oversight Committee passed the House 71-37-0. This bill establishes the Justice40 Oversight Committee. Provides that the Justice40 Oversight Committee shall make findings, conclusions, and recommendations regarding environmental justice in this State and uses of federal funds provided to the State for environmental justice.

HB 2493, Unpaid Leave passed the House 95-16-0. This bill provides that an employee may take unpaid leave from work for specified reasons relating to a family or household member who is killed in a crime of violence. Provides that an employee shall be entitled to a total of not more than 2 workweeks of unpaid leave for specified reasons relating to a family or household member who is killed in a crime of violence, which must be completed within 60 days after the date on which the employee receives notice of the death of the victim. Provides that an employee may satisfy the certification requirement by providing an employer with a death certificate, published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency, documenting that a victim was killed in a crime of violence.

HB 2519, Hospitals/Milk passed the House 107-0-0. This bill requires hospitals licensed under the Act to provide information and instructional materials regarding the option to voluntarily donate milk to nonprofit milk banks that are accredited by the Human Milk Banking Association of North America. Provides that the information and instructional materials shall be provided to the parents of each newborn upon discharge from the hospital after the newborn's birth.

HB 2520, Environmental Justice was placed on the order of postpone consideration after failing to receive 60 votes on the floor and a show of bipartisan opposition. An applicant for a permit for the construction of a new source that will become a major source subject to the Clean Air Act Permit Program to be located in an environmental justice community or a new source that has or will require a federally enforceable State operating permit and that will be located in an environmental justice community must conduct a public meeting prior to submission of the permit application and must submit with the permit application an environmental justice assessment identifying the potential environmental and health impacts to the area associated with the proposed project. Provides that a supplemental fee of $100,000 for each construction permit application shall be assessed if the construction permit application is subject to the requirements regarding the construction of a new source located in an environmental justice community. If the Agency grants a permit to construct, modify, or operate a facility that emits air pollutants and is classified as a minor source, a third party may petition the Pollution Control Board for a hearing to contest the issuance of the permit. The Chamber opposes this bill.

HB 2527, Water and Wastewater Funding Study passed the House 110-0-0. This bill extends the date that the Municipal Water and Wastewater Funding Study Committee is required to report its findings and recommendations to the Governor and General Assembly to September 30, 2023 (from January 31, 2023).

HB 2531, South Suburban Airport passed the House 72-40-0. This bill amends the Public-Private Agreements for the South Suburban Airport Act. Defines cargo-oriented development as the development of places that are both multimodal nodes of freight transportation and centers of employment in logistics and manufacturing businesses. Provides that the Department of Transportation shall (instead of may) establish a process for prequalification of offerors. Requires the Department to commence the prequalification process within 6 months after the effective date of the amendatory Act.

HB 2557, Farmer Equity and Innovation Act passed the House 72-36-0. This bill creates the Farmer Equity and Innovation Act. Subject to appropriation by the General Assembly and approval by the University of Illinois Board of Trustees, creates the Farmer Equity and Innovation Center at the University of Illinois Extension. Provides that the Farmer Equity and Innovation Center shall: (1) ensure the continued economic viability of small-scale and moderate-scale diversified farms by creating a coordinated, statewide program to support the operators of those farms, prioritizing limited resource farmers and socially disadvantaged farmers ; (2) establish a Farmer Equity and Innovation Program administered by the Center; (3) utilize the University of Illinois Small Farm Advisors, and require the University to increase its Small Farm Advisor positions to 6 in number; (4) include applied research on specified subjects concerning farming in Illinois, outreach regarding those subjects, and informational services on assistance provided by or through the Center or nonprofit organizations designated by the Center; (5) authorize the Program to include special training for new and beginning farmers with priority given to socially disadvantaged farmers and ; and (6) conduct a study to determine and issue an annual report to the Governor and General Assembly containing a demographic breakdown of farmers and ranchers who participate in the Program.

HB 2569, Compost Products passed the House 108-0-0. This bill provides that all State agencies and local governments shall consider whether compost products can be utilized in the land maintenance activity project when soliciting and reviewing bids for land maintenance activity projects. Provides that, if compost products can be used in the project, the State agency or local government must use compost products unless the compost products: (1) are not available within a reasonable period of time; (2) do not comply with existing purchasing standards; or (3) do not comply with federal or State health and safety standards. Provides that State agencies and local governments are encouraged to give priority to purchasing compost products from companies that produce compost products locally, are certified by a nationally recognized organization, and produce compost products that are derived from municipal solid waste compost programs. Provides that beginning January 1, 2024, the Department of Transportation shall report each year to the General Assembly: (i) the volume of compost used in State highway construction projects; (ii) the status of compost and compost-based products used in State highway construction projects; and (iii) recommendations to maximize the use of compost as a recycled material in State highway construction projects.

HB 2776, Lead Pipe/Notice passed the House 108-0-0. This bill provides that an owner or operator of a community water supply must (rather than may) provide a consumer notice by email (if an email address is available) when replacing a lead service line or repairing or replacing water mains with lead service lines or partial lead service lines attached to them. Provides that a municipality with a population of more than 1,000,000 inhabitants shall publicly post on its website or arrange with the Environmental Protection Agency to have posted on the Agency's website data describing progress the municipality has made toward replacing (rather than installing) lead service lines.

HB 2782, Sustainability Disclosure passed the House 79-26-1. This bill provides that, effective January 1, 2024, every investment manager shall comply with annual disclosure requirements that will require the investment manager to provide a description of the process through which the manager prudently integrates sustainability factors into its investment decision-making, investment analysis, portfolio construction, due diligence, and investment ownership in order to maximize anticipated financial returns, identify and minimize projected risk, and execute its fiduciary duties more effectively. Provides that the investment manager shall provide the annual disclosure to each public agency, pension fund, retirement system, or governmental unit for whom the investment manager is acting as a fiduciary or seeking selection as a fiduciary prior to acting in this capacity and at least annually thereafter.

HB 2845, Prevailing Wage/Biosolids passed the House 78-32-2. This bill amends the Prevailing Wage Act. Provides that the definition of "public works" also includes the removal, hauling, and transportation of biosolids, lime sludge, and lime residue from a water treatment plant or facility and the disposal of biosolids, lime sludge, and lime residue removed from a water treatment plant or facility at a landfill.

HB 2901, Site Remediation Plan passed the House 113-0-0. This bill provides that the Environmental Protection Agency may require an RA for a site to make an advance partial payment of $2,500 (rather than an advance partial payment not exceeding $5,000 or one-half the total anticipated costs of the Agency, whichever sum is less). Makes changes concerning the persons who must review and approve site remediation plans. Allows reviews undertaken by the Agency or a RELPEG to be completed and the decisions communicated to the RA within 90 days after the request for review or approval if 2 or more plans or reports are submitted concurrently. Provides that, notwithstanding any other provision, the Agency is not required to take action on any submission from or on behalf of an RA if the RA has failed to pay all fees due. Requires any deadline for Agency action on such a submission to be tolled until the fees are paid in full.

HB 2907, Dispute Damages passed the House 80-30-2. This bill provides that no award of monetary damages, except for damage done to an employer's property as a result of conduct prohibited by law, shall be granted by any court of this State in any case involving a labor dispute.

HB 3017, Permitting Portal passed the House 108-0-0. Provides that the Office shall implement reforms to improve interagency coordination and encourage expeditious permit issuance. Provides that the Office shall use information technology tools to track project schedules and metrics in order to improve transparency and accountability of the permitting process, reduce uncertainty and delays, and reduce costs and risks to taxpayers. This bill is the Chamber/IERG initiative to create an online permitting portal for large industrial projects in Illinois.

HB 3030, Insurance/Billing passed the House 113-0-0. This bill amends the Illinois Insurance Code. In provisions concerning billing for services provided by nonparticipating providers or facilities, provides that if attempts to negotiate reimbursement for services provided by a nonparticipating provider do not result in a resolution of the payment dispute within 30 days after receipt of written explanation of benefits by the health insurance issuer, then the health insurance issuer, nonparticipating provider, or the facility may initiate binding arbitration to determine payment for services provided on a per-bill or a batched-bill basis (instead of only a per-bill basis).

HB 3086, Pesticides passed he House 68-41-1. This bill amends the Illinois Pesticide Act. Increases various fees imposed under the Act beginning in 2024. Amends the Lawn Care Products Application and Notice Act. Provides that the lawn care containment permit fee is $250 (rather than $100).

HB 3144, Local Chamber/Grant Program passed the House 77-31-0. This bill provides that the Department of Commerce and Economic Opportunity shall establish a Local Chamber of Commerce Business Program for the purpose of providing grants to certified local chambers of commerce. Provides that grant moneys may be used to market and develop the service area of the chamber of commerce for the purpose of generating local, county, and State business taxes and to provide small businesses with professional development, business guidance, and best practices for sustainability.

HB 3351, Solar for All/Prevailing Wage passed the House 86-26-0. This bill provides that the projects under the Illinois Solar for All Program shall be subject to the prevailing wage requirements included in the Prevailing Wage Act. Provides that the Illinois Power Agency shall require verification that all construction performed on the project is performed by workers receiving an amount for that work equal to or greater than the general prevailing rate, as that term is defined in the Prevailing Wage Act. Provides that all projects, with the exception of residential houses and houses of worship, shall be classified as public works similar to the applicable projects falling under the Adjustable Block program are classified.

HB 3370, Power Washing/Prevailing Wage passed the House 73-34-0. This bill provides that the definition of "public works" includes power washing projects in which steam or pressurized water, with or without added abrasives or chemicals, is used to remove paint or other coatings, oils or grease, corrosion, or debris from a surface or to prepare a surface for a coating.

HB 3396, Labor Dispute Violation passed the House 75-33-0. This bill provides that a person who, with the intent of interfering with, obstructing, or impeding a picket or other demonstration or protest, places any object in the public way commits a Class A misdemeanor with a minimum fine of $500.

HB 3421, Supplier Diversity passed the House 73-38-1. This bill provides that the Commission on Equity and Inclusion shall collect and publish on its websites all relevant supplier diversity reports submitted to any State agency to provide a comprehensive review of all reports for the benefit of the public, particularly diverse business owners seeking to contract with companies or organizations that administer a supplier diversity program. Provides that the Commission may hold public workshops focused on specific industries and reports to collaboratively connect diverse enterprises with entities that manage supplier diversity programs. Provides that the Commission may hold public workshops focused on specific industries and reports to collaboratively connect diverse enterprises with entities that manage supplier diversity programs.

HB 3491, Prevailing Wage/Contractors passed the House 75-36-0. This bill provides that any laborer, worker, or mechanic who is employed by the contractor or by any lower tier sub-contractor and is paid for services in a sum less than the prevailing wage rates for work performed on a project shall have a right of action for whatever difference there may be between the amount so paid and the prevailing rates required to be paid for work performed on the project.

HB 3551, Single Prime passed the House 112-0-0. This bill removes a repeal date for the definition of "single prime", but makes the definition inoperative on January 1, 2026 for public institutions of higher education. Removes a provision limiting applicability through December 31, 2025 of provisions related to single prime projects. Removes a provision limiting the Capital Development Board from using the single prime procurement delivery method under specified circumstances. Limits provisions relating to building construction contracts in excess of $250,000 to public institutions of higher education. Provides that, before electing to use single prime on a project, the Capital Development Board must make a written determination that must include a description as to the particular advantages of the single prime procurement method for that project and an evaluation of specified factors. Provides that the Chief Procurement Officer must review the Capital Development Board's determination and consider the adequacy the evaluation of the specified factors to determine whether the Board may proceed with single prime. Allows the Board to cure their determination if the Chief Procurement Officer finds the Board's written determination insufficient. Provides that, when procuring construction or construction-related projects with a total value over the small purchase maximum, the construction agency shall provide a bid preference to a responsive and responsible bidder that is an Illinois business (currently, just responsible bidder). Provides that the construction agency shall allocate a bid preference of 4% to the lowest bid by an Illinois business that is responsible and responsive. Specifies that the preference applies only to projects where a bid has been submitted by a business that is not an Illinois business. In provisions concerning construction management services, provides that, if the services are to be procured by (currently, for) a public institution of higher education, then "Board" means the public institution of higher education. Provides that certain provisions of the introduced bill concerning single prime procurement apply on and after January 1, 2024.

HB 3563, DOIT-AI Task Force passed the House 109-0-0. This bill provides that the Department of Innovation and Technology shall establish the Generative AI and Natural Language Processing Task Force investigate and provide a report on generative artificial intelligence software and natural language processing software. Sets forth the members to serve on the Task Force. Provides that the Task Force shall hold at least 5 meetings, and specifies the format and the location of those minimum amount of meetings.

HB 3572, Gas Stoves was placed on the order of postpone consideration after failing to receive 60 votes on the floor and a show of bipartisan opposition. This bill provides that no person shall sell, attempt to sell, or offer to sell to a consumer in this State a gas stove that is manufactured on or after January 1, 2024 unless a label on the gas stove bears a specified warning message.

HB 3590, Career Development/Liability passed the House 107-0-0. This bill creates the Student Career Development Liability Insurance Advisory Committee and sets forth the membership of the Committee. Provides that the Student Career Development Liability Insurance Advisory Committee shall issue a report to the Governor and the General Assembly containing recommendations for providing liability insurance to (i) public high school students who participate in a career development experience or apprenticeship program and community college students who participate in a career development experience or apprenticeship program and (ii) public school teachers who participate in externship programs and community college faculty who participate in externship programs.

HB 3595, Powerplant Demolition passed the House 63-47-1. This bill provides that, before an owner or operator may initiate demolition of a thermal power plant via implosion, the owner or operator must satisfy specified notification requirements and obtain an Agency-approved air quality plan. Provides that, at least 30 days after providing notice, an owner or operator must hold at least one public meeting within the municipality in which the site is located to discuss the proposed demolition. Contains requirements for the public meeting and the air quality plan. Requires the air quality plan to include a dust mitigation plan, contingency plan, and site cleanup plan with specified requirements. In provisions regarding civil penalties, provides that any person who engages in demolition of a thermal power plant via implosion in violation of the Act shall be liable for a civil penalty of up to $50,000 for the first violation and up to $250,000 for a second or subsequent violation.

HB 3606, BEP/Good Faith Effort passed the House 70-35-0. This bill provides factors for determining whether a good faith effort has been made for purposes of granting a waiver under the Act. Provides for a uniform standard of contract goals for State agencies, public institutions of higher education, and other departments. Specifies further requirements concerning uniform contract goals. Provides that the terms of every contract entered into by a State agency or public institution of higher education for purposes of the Act shall include a provision requiring vendors who fail to comply with a utilization plan to return all funds paid to that vendor with an expectation of compliance. Provides that the Business Enterprise Council may (rather than shall) grant a waiver under specified circumstances. Provides criteria for granting a waiver.

HB 3641, Capital Development/Local Gov passed the House 74-39-0. This bill provides that ordinances of units of local government may not be enforced against construction, reconstruction, improvement, or installation of State facilities. Provides that units of local government cannot require payment of permitting fees or require permit inspections for the construction, reconstruction, improvement, or installation of State facilities.

HB 3642, Township/Open Space passed the House 71-34-0. This bill amends the Township Open Space Article of the Township Code. Reduces the acreage that constitutes open land or open space under the Article to 25 acres (currently, 50 acres). Provides, in the definition of "open space purposes", that development includes development for agricultural purposes. Provides that a township board may lease open space for open space purposes and may not lease any part of open space to anyone other than an individual, a nonprofit organization, the federal government, a state government, or a local government. Provides that leased open space may be used for agricultural purposes. Provides that the township board may not sell, convey, donate, or otherwise dispose of open space without referendum approval by the majority of the voters of the township at a regular election, and provides that the board may certify the question of disposition of property to the appropriate election authority only if the board approves the question by at least a two-thirds majority of the board members. Provides that, if a township dissolves or is consolidated or merged or the boundaries of the township are altered, any affected open space shall continue to be used as required in the open space plan unless the open space is disposed of is approved by a two-thirds vote of the board of the unit of local government in control of that open space and after referendum of the voters of the unit of local government.

HB 3792, Prevailing Wage/Light Poles passed the House 70-35-0. This bill provides that the definition of "public works" includes all construction projects involving fixtures or permanent attachments affixed to light poles that are owned by a public body, including street light poles, traffic light poles, and other lighting fixtures, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds. Provides for an exception if the project is performed by employees employed directly by the public body.

HB 3849, Food Products Labeling passed the House 69-34-0. This bill provides that the Department of Agriculture, in consultation with the Department of Public Health, shall, on or before July 1, 2024, publish information to encourage food manufacturers, processors, and retailers responsible for the labeling of food products to voluntarily use the specified uniform terms on food product labels to communicate quality dates and safety dates. Provides that the Department of Agriculture shall promote the consistent use of the terms specified pursuant to these provisions in the course of its existing interactions with food manufacturers, processors, and retailers. Provides that in the process of implementing these provisions, the Department shall encourage food distributors and retailers to develop alternatives to consumer-facing "sell by" dates. Provides that the Department may accept nonstate funds from public and private sources to educate consumers about the meaning of the quality dates and safety dates specified in these provisions.

HB 3882, Standard Identification passed the House 67-35-0. This bill amends the Illinois Identification Card Act and the Illinois Vehicle Code. Changes the term "non-compliant identification card" to "standard identification card". Changes the definition of "limited term REAL ID compliant identification card" to include cards that have been issued to an individual who has an approved application for asylum in the United States or has entered the United States in refugee status. Allows the Secretary of State to accept, as proof of date of birth and written signature of an applicant for a standard identification card, any passport from the applicant's country of citizenship or a consular identification document validly issued to an applicant. Provides that no temporary visitor's driver's licenses shall be issued after the effective date of the amendatory Act. Provides that every driver's license application shall state the social security number of the applicant; except if the applicant is applying for a standard driver's license and is ineligible for a social security number, then if the applicant has documentation authorizing the applicant's presence in the country, the applicant shall provide such documentation instead of a social security number. Provides that if applicant does not have documentation authorizing the applicant's presence in the country, the applicant must submit documentation establishing that the applicant has resided in the State for a period in excess of one year and a passport validly issued to the applicant from the applicant's country of citizenship. Changes the definition of "standard identification card" to require such card to be marked "Federal Limits Apply" (rather than "Not for Federal Identification"). Provides that an applicant who submits a passport as proof of date of birth and written signature for an identification card must be a person who does not have a social security number or documentation issued by the United States Department of Homeland Security authorizing the person's presence in the country. In the Illinois Vehicle Code: Defines "limited term REAL ID compliant driver's license" as a REAL ID compliant driver's license issued to a person who is not a permanent resident or citizen of the United States (rather than in compliance with a specified provision), or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, and marked "Limited Term" on the face of the license. Provides that if an applicant for a license or instruction permit under the Code does not have specified documentation, the applicant shall provide, among other documentation, (i) a passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country, as long as such documents are either unexpired or presented by an applicant within 2 years of its expiration date, and (ii) a social security card, if the applicant has a social security number.

SB 160, Spoofing passed the Senate 57-0-0. This bill provides that a person, business, or organization may not spoof a caller's information or otherwise misrepresent the origin of a telemarketing call unless the person, business, or organization has the right to use the name and phone number displayed. Requires telephone solicitations placed in a manner other than by a live operator to immediately disclose their identity and the purpose of the call and prompt the recipient of the call to consent to the solicitation.

SB 1561, E-Cigarettes passed the Senate 48-5-0. This bill provides that a retail tobacco store that derives at least 80% of its gross revenue from the sale of electronic cigarettes and electronic cigarette equipment and accessories in operation before the effective date of the amendatory Act qualifies for a specified exemption for electronic cigarettes only. Provides that a retail tobacco store claiming an exemption for electronic cigarettes shall annually file with the Department of Public Health by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of electronic cigarettes. Includes a workplace that manufactures, imports, or distributes electronic cigarettes in the definition of "retail tobacco store". Includes the use of an electronic cigarette in the definition of "smoke".

SB 1665, Hospitals/Income passed the Senate 38-19-0. This bill Defines "guaranteed income program" to mean a publicly or privately funded program that provides one-time or recurring unconditional cash transfers or payments, or gifts to individuals or households, for a defined number of months or years for the purposes of reducing poverty, promoting economic mobility, or increasing the financial stability of Illinois residents. Amends the Illinois Public Aid Code. Provides that for purposes of determining eligibility and the amount of assistance under the Code, the Department of Human Services and local governmental units shall exclude from consideration any financial assistance, including cash transfers or gifts, that is provided to a person through a guaranteed income program (rather than the Department of Human Services and local governmental units shall exclude from consideration, for a period of no more than 60 months, any financial assistance, including wages, cash transfers, or gifts, that is provided to a person who is enrolled in a program or research project that is not funded with general revenue funds and that is intended to investigate the impacts of policies or programs designed to reduce poverty, promote social mobility, or increase financial stability for Illinois residents if there is an explicit plan to collect data and evaluate the program or initiative that is developed prior to participants in the study being enrolled in the program and if a research team has been identified to oversee the evaluation). Provides that in determining eligibility under this Act, a hospital subject to the Act shall exclude from consideration any unconditional cash transfers, payments, or gifts received under a guaranteed income program if: (A) such cash transfers, payments, or gifts are excluded from consideration for determining eligibility under public health insurance programs administered by the State in which the State has the authority to waive guaranteed income; and (B) the guaranteed income program is a program for a defined number of months or years designed to reduce poverty, promote social mobility, or increase financial stability for program participants and if there is an explicit plan to collect data. Provides that the preceding provision is inoperative on and after July 1, 2026. Adds the Health Benefits for Immigrants program to the list of public health insurance programs that an uninsured patient must first apply to before seeking any available hospital discounts under the Act.

SB 1880, Investment Partnership passed the Senate 58-0-0. This bill amends the Illinois Income Tax Act. Makes changes to the definition of investment partnership to provide that a dealer in qualifying investment securities may be considered an investment partnership. Allows a partnership interest to be considered a qualified security if the interest qualifies as a security within the meaning of the federal Securities Act of 1933. In provisions requiring that no less than 90% of the investment partnership's gross income shall consist of interest, dividends, and gains from the sale or exchange of qualifying investment securities, provides that that includes the distributive share of partnership income from lower-tier partnership interests and does not include income from partnerships that are operating at a federal taxable loss.

SB 1897, Rock Island Port District passed the Senate 58-0-0. This bill creates the Rock Island Regional Port District Act. Establishes the Rock Island Regional Port District within the corporate limits of the City of Rock Island. Provides that territory of adjacent municipalities may be annexed into the Port District. Contains provisions related to the operation of the Port District, rights and powers of the Port District and participating municipalities, lease of property, easements and permits, bonds and tax levies, eminent domain powers, and other provisions. Limits the concurrent exercise of home rule powers.

SB 2424, Land Acquisition passed the Senate 58-0-0. This bill provides that the definition of "project" includes any land acquisition that is conducted by either the Department of Transportation or Illinois Toll Highway Authority and that requires architectural, engineering, or land surveying services.

2023 Key Bill Report

View the Chamber 2023 Key Bill Report HERE.

As outlined in statute, B2B Arts and B2B Restaurants grant award amounts will be determined by revenue declines, as reflected on tax returns, and funding for hotels will be allocated by number of rooms. Applications are open from April 5 through May 10, 2023 and awards are expected to be made several weeks after the deadline date. All eligible applicants will receive a grant as long as the business meets eligibility requirements and submits proper documentation and attestations.

The program design is based on legislation establishing the Restaurant Employment and Stabilization Grant Program ($50 million), Hotel Jobs Recovery Grant Program ($75 million) and the Illinois Creative Recovery Grant program ($50 million). The funding is designed to offset losses and support job retention in the hardest-hit industries.